Postiglione
v.
Paumere

Appellate Term of the Supreme Court of New York, Second DepartmentOct 2, 2003
2003 N.Y. Slip Op. 51376 (N.Y. Misc. 2003)

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2002-1489 Q C.

Decided October 2, 2003.

Appeal by plaintiff from an order of the Small Claims Part of the Civil Court, Queens County (J. Golia, J.), entered September 20, 2002, denying his motion to vacate a small claims judgment entered upon an arbitrator's decision dismissing the action.

Order unanimously affirmed without costs.

PRESENT: PESCE, P.J., ARONIN and PATTERSON, JJ.


The court below properly rejected plaintiff's contention that the small claims arbitrator erroneously refused to receive certain evidence and improperly disregarded other evidence. An arbitrator is not bound by the normative rules governing the admission of evidence (Uniform Civil Rules for the New York City Civil Court [ 22 NYCRR] § 208.41 [n] [3]; Medivix, Inc. v. Shnayer, 160 AD2d 911, 912 [arbitrators are "not constrained by the substantive or evidentiary rules that a court of law might otherwise be" in the admission of evidence]). In any event, a small claims arbitrator's determination may not be set aside on the ground that it was affected by an error of law ( Crocker v. McMahon, NYLJ, Dec. 23, 1997 [App Term, 2d 11th Jud Dists]; Molloy v. Froyton, 148 Misc 2d 481 [App Term, 9th 10th Jud Dists]) and plaintiff failed to substantiate his claim that the arbitrator exhibited bias or otherwise acted unconscionably, or any of the grounds upon which such relief may be granted (CPLR 7511 [b] [1]; CCA 2102; ( Rod v. Bonello, NYLJ, July 24, 2000 [App Term, 2d 11th Jud Dists]; Rymer v. Leider, 122 Misc 2d 873, 876).